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ORDINANCE NO.3411
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SECTION 22.3 AS IT NOW EXISTS AND
ENACTING A NEW SECTION 22.3 FOR THE PURPOSE OF ADOPTING
MODIFICATIONS FOR THE NEW POLICY ON MAILBOXES IN THE RIGHT
OF WAY; REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 22.3 as it now exists and enacting a new Section 22.3 as follows:
"Sec.22.3. ENCROACHMENTS.
(1) Permit Required. No person shall create,construct,use or maintain upon,over or
under the surface of any street,alley or sidewalk or within the limits of such street,alley or sidewalk
in the city any chimney,stairway,platform,steps,pipes,cables,wires,ropes,wells,areaways,railings,
vaults,storage tanks,coal or boiler rooms or any other encroachment of a private and fixed character,
unless and until permission is granted to create, construct, use or maintain the encroachment in
connection with the real property of the person and a written permit has been issued, therefore,
according to the following procedure.
a) Permit exception—Breakaway mailboxes. Mailboxes may be installed without
an encroachment permit if they are designed to bend or fall away when struck by a vehicle and
constructed in accordance with the specifications for mailboxes erected on highways published by the
American Association of State Highway and Transportation officials,Washington,D.C.,on May 24,
1984.
(Ord. No. 809, Sec. 1;Code 1956, Sec. 37-1)
(2) Application.
a) Application for a permit to construct,use or maintain any encroachment of a
private and fixed character,within the limits of any street,alley or sidewalk,except a non-breakaway
mailbox,shall be made in writing to the city council and accompanied with a complete plan in detail
of the proposed encroachment.
b)Non-breakaway mailboxes. Applications for permits to construct,use or maintain
a mailbox within the limits of any street,alley or sidewalk, except a non-breakaway mailbox,shall be
made in writing to the city traffic engineer and shall be accompanied with a complete plan in detail of
the proposed encroachment.
(Ord. No. 809,Sec.2;Code 1956, Sec.37-2)
(3) Approval.
a) The city council may, after investigation, approve, modify or reject the
application. They may require as a condition precedent to the issuance of a permit by the city clerk that
the property owner enter into a contract with the city and furnish the corporate surety bond in an
amount fixed by the city council,conditioned to hold the city harmless from any damages or expense
of any nature sustained by the city or any person or persons by reason of the encroachment for which
the permit is issued.
b) Non-breakaway mailboxes. Permits for non-breakaway mailboxes may, after
investigation,be approved by the city traffic engineer if it is determined by the city traffic engineer that
the installation does not create a dangerous or hazardous situation.
(Ord. No. 809, Sec. 3;Code 1956, Sec. 37-3)
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(4) Issuance of permit;records. Upon approval of an application for an encroachment
permit by the city council or city traffic engineer,the city clerk shall,upon filing of a bond,if required,
collect the payment of a minimum fee of twenty-five dollars($25.00)or one dollar($1.00)per square
foot of encroachment,whichever is the larger amount,and issue the permit and retain a record thereof.
The permit issued shall set forth in detail any requirements imposed by the city council or city traffic
engineer in granting the permit.
(Ord.No. 809, Sec. 5; Code 1956, Sec. 37-5; Ord.No. 2429, Sections 1, 2, 1-2-73)
(5) Revocation.The city council may at any time revoke any permit issued under and
by virtue of the terms of this chapter when the privilege granted thereunder conflicts with the city's use
of the streets,alleys or sidewalks,any contract or agreement to the contrary notwithstanding.
(Ord.No. 809, Sec. 6; Code 1956, Sec. 37-6)
(6) Inspection fee; failure to pay. The city council may require the payment of an
annual fee as it shall prescribe for the purpose of covering costs of making inspection of the
encroachment. Failure to pay the fee when due shall operate to cancel the permit.
(Ord. No. 809, Sec. 4; Code 1956, Sec. 37-4)"
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
set out in Section 1.9 of the Municipal Code.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 26th day of November , 1996.
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Sandra L.Ryan,City Clerk Lary R.Cur is,Mayor
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